Author Topic: PCN - No valid parking session - Reading Thames Valley from Car Dealership after taking car for a test drive!  (Read 85 times)

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lilliburlero

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The driver was taking a car out for a test-drive from a car dealership, with the dealer in the car at the time. Following the dealer's instruction, the driver returned the car to the same car park that he collected it from on the Dealership's property after the test drive was completed. The driver then purchased the car and left the property. One week after leaving the property, the driver was given a PCN by ParkMaven which began half an hour prior to me owning the vehicle until 5 minutes after purchasing the vehicle. Parkmaven demanded bank statements showing the exact time (date was not enough) that the vehicle was purchased, although the driver's bank does not store this information and was unable to contest the appeal. The dealership stated that they would cancel the PCN, however this was not done. The driver then received a letter with an intention to collect on a debt of £170. The case has not yet been to court.




https://www.google.co.uk/maps/@51.4599878,-0.934425,3a,85.8y,109.05h,88.66t/data=!3m7!1e1!3m5!1sXtGJ13f3KTOkD-0afmmjyg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D1.34003520223591%26panoid%3DXtGJ13f3KTOkD-0afmmjyg%26yaw%3D109.04684934696122!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDEwOC4wIKXMDSoASAFQAw%3D%3D

Google maps showing the location. Signage is pretty obvious however it is private land and I was parked there legally under my understanding of the law, unless the car dealership was using the location under false pretences (I find this highly unlikely as they had 10+ other cars there)

What chance would the driver have of successfully contesting the charge if it did go to court? The driver does not have an invoice from the dealership who is refusing all calls, however the driver has an e-mail from DLVA showing the time that the vehicle was registered and bank statements showing the date of purchase. Is there even a likelyhood of this going to court in the first place?
The driver is in the military and has correspondence sent to a home address, therefore missing the original letter until it was on the last week of the appeal.
The driver also has no method to contact ParkMaven directly at this time as they have not responded to any e-mails sent.

Thank you

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lilliburlero

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Just to clarify as I'm aware the situation is confusing - When I arrived at the car park, I was not the owner of the vehicle and was parked at the instruction of the registered property leaseholder. When I left the property, I was the owner of the vehicle as I had purchased it on site.

Smartdriver

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Others will advise on the case. Just be aware though there’s a stray identifying pronoun in your post

mickR

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more than one.

edit so no I, we, he, she, etc

b789

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It's a joke... isn't it! You won't have to pay penny to Parkmaven. Did you buy the car from WeBuyAnyCar.com? If so, I doubt that they are the contractor for Parkmaven at that car park.

Try the managing agent of that building. Whoever contracted Parkmaven is jointly and severally liable for the actions of their agent.

You say you appealed. Did you also appeal to POPLA? What did you put in your appeal?

When you paid for the car, did you use cash or a card? If you used a card, either physically, in which case you should have a receipt with the tie on it or else if you used ApplePay or similar, you will have the time you made the purchase recorded. You already say that the DVLA gave you the time the registration was made, so why didn't you use that in your appeal?

Can you please show the back of the Notice to Keeper (NtK) you received so that we can check the wording for PoFA compliance.

As you are in the military and do not receive correspondence at your registered home address because you are frequently away on base for long periods, you should address this situation carefully to avoid parking charge notices escalating. There are some practical steps you should take to manage correspondence from parking operators like this.

As the Keeper you can update your vehicle's registered address with the DVLA to a more suitable "Care of" (c/o) address where you will reliably receive post, such as a trusted family member's address. This ensures that you receive parking correspondence in a timely manner.

This is easily done and you only have to complete the V5C logbook with a new correspondence address. The DVLA allows military personnel to use an alternative address for correspondence if they are frequently away from their registered home address. This reduces the risk of missing important letters, such as a Notice to Keeper (NtK) or court claim forms.

You (or a representative) should immediately notify Parkmaven that you are in the military and cannot receive correspondence at your registered address. You should provide an alternative contact address or tell them to use email for all future communications. Many operators now accept correspondence via email.

Even if this results in a county court claim (likely) it is very easily defended and they will eventually discontinue. They are simply hoping you are low-hanging fruit on the gullible tree and will pay them once they try to litigate. The only issue is that you will have deadlines to respond to any claim.

I suggest you notify Parkmaven of your military status and your inability to timely receive correspondence at the registered address. Request that any legal intention to issue a claim is communicated via alternative methods, such as through a trusted third-party address or email (even if the claim itself cannot be sent via email). Invoke CPR 7.8 and the Overriding Objective to encourage Parkmaven to act fairly by taking into account your unique circumstances.

Here is a suggested letter to Parkmaven:

Quote
Subject: Notification of Military Status and Request for Alternative Contact Methods 

Dear Sir/Madam, 

RE: [Parking Charge Notice Reference Number] 

I am writing to notify you that I, [Keeper's Name], the registered Keeper of the vehicle with registration number [Vehicle Reg. No.], am currently an active-duty member of the Armed Forces. As such, I am frequently away on military duty and cannot reliably receive correspondence at my registered home address. 

Due to the nature of my service, I am often stationed on military bases without regular internet access or the ability to check my post within standard timeframes. I am therefore concerned that any legal proceedings initiated by your company, including a County Court Claim, may not be received in time to allow me to respond, resulting in a default judgment being entered against me unfairly. 

I request that you update your records accordingly and ensure that any notification of your intention to issue legal proceedings is communicated to me via [alternative address/email address/third-party contact]. This request is made to ensure that I am able to respond appropriately to any legal action and to avoid the risk of a default County Court Judgment being entered against me. 

This request is reasonable and in line with your obligations under CPR 7.8 and the Overriding Objective of the Civil Procedure Rules to deal with cases fairly and proportionately, taking into account the circumstances of the parties. Failure to take reasonable steps to accommodate this request may result in a claim for improper service if a default judgment is entered against me without my knowledge. 

Please confirm receipt of this letter and your agreement to update your records accordingly. 

Yours faithfully, 

[Your Name] 
[Your Military Rank (optional)]

The legal basis for the letter are:

• Civil Procedure Rules (CPR) 7.8 – Notification of Claim. CPR 7.8 requires claimants to give notice when they are intending to serve a claim, particularly when there is a known issue with service at the defendant’s usual address.

• CPR 1.1 – The Overriding Objective - The overriding objective of the CPR is to ensure that cases are dealt with justly, fairly, and proportionately. If the claimant is aware of the defendant’s military status, they must take reasonable steps to ensure the defendant is properly informed.

• Defence of Improper Service under CPR 6.9 - If a claim form is served to an address where the defendant cannot reasonably be expected to receive it, the defendant can argue that service was improper under CPR 6.9.

I hope that the above is enough for you to be going on with. You will never pay a penny to Parkmaven but, with your circumstances of being in the military, you need to make sure that any communication regarding litigation is received promptly in order to prevent them getting a CCJ by default.

A default CCJ is easily set aside but it is just another PITA to have to go through the process and is best avoided.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

lilliburlero

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Appreciate the advice, I will action it now.

Thank you,